Pharmacy Investigation

Heritage Pharmacy Case Law Summary of Violations In case number 4904 the following violations were accused to ESTHER KIM and ALLAN PIWONKA working for INNOVATIVE COMPOUNDING SOLUTIONS, DBA HERITAGE COMPOUNDING PHARMAY from the BOARD OF PHARMACY DEPARTMENT OF CONSUMER AFFAIR STATE OF CALIFORNIA: In this legal document there are 12 causes for discipline that were discovered by the board investigative processes that took place over the course of several months.

The first problem deals with Kim's husband having access to the pharmacy and all the dangerous drugs associated with the storage of these substances. Kim is accused in the second cause for discipline for furnishing dangerous drugs without a prescription. The third cause for discipline is related to Kim's practice of varying too much from the prescription and issuing unsafe doses of drugs for their customers. This problem originates from the fourth cause for discipline which relates to Kim's writing, filing, compounding, issuing and dispensing false prescriptions.

The fifth cause for discipline is also related to the aforementioned issues as well as this cause for discipline was issued for refilling controlled substances more than six months after a prescription was written. Kim is also accused of submitting false information to CURES regarding the previous behaviors that reflect this problem. The seventh cause for discipline is a more general and less specific offense that accuses Kim of committing an act involving dishonesty, fraud and deceit.

To complicate these matters, the board accused Kim in the eighth cause for discipline for making a document that falsely represents the existence of a fact. Kim and Heritage are also being investigated for a ninth cause for discipline which involves Kim's engaging in conduct that subverts or attempts to subvert a board investigation. The tenth cause for discipline the board has brought to the accused deals with variation from a prescription dealing with issuing the wrong strength. The eleventh cause for discipline relates to Kim's administering drugs by injection.

The final cause for discipline suggests that Kim had demonstrated general unprofessional conduct. Summary of Facts The facts of this case provide a reasonable motive for wrongdoing by Kim. Kim's husband, who does not work for Heritage has played a very important role in this case in unveiling facts pertinent to this case. Heritage has had a recent history of questionable actions regarding their behaviors and actions. Many of the aforementioned accusations are based on investigative data that has led to the summary of these facts.

The facts of the case denote that Esther J. Kim has been the President and Pharmacist-in-Charge (PIC) of Heritage Pharmacy making her ultimately responsible for the corporate proceedings and assessment of liability for the company. Prior board investigations have revealed that SK, Kim's husband, was illegally acting in the pharmacy itself. The board uncovered facts that revealed that Kim wrote prescriptions for dangerous drugs under a false name of "Dr. Heritage." Many of these controlled substances are considered dangerous and highly sought after in the black market.

Follow-up inspections were conducted after the first inspection was completed due to an employee whistleblower who made the accusations towards Kim. Ethical Issues The ethical issues are quite obvious in this case. The specific laws that were broken suggest that legal and statutory rules were broken, however the ethical content of these initiatives are not clear. The need for Kim's husband to become involved creates an ethical dilemma.

Regardless of Kim's professional acumen and business ethic, here dedication to her husband may be contributing to the problem While Kim is legally responsible for Heritage Pharmacy, she may be emotionally dedicated to the whims of her husband. The emotions involved in marriages often lead to seemingly unethical business behavior and result in criminal and deceitful behavior that is represented in this case. The role of prescription medicines and the ability for government to control these substances creates another ethical issue.

When collective bodies of government become involved in personal decisions regarding what individuals put in their body, privacy and boundaries are erased. This balancing act is difficult to manage and cause ethical problems. Mitigating Factors Kim would be wise to continue to be illusive and not comment on any specific reasons that these behaviors were committed. The best legal defense in Kim's case would be to shift the blame to SK in an attempt to keep Heritage operable.

Since Kim is a woman, a case could be created which suggests that SK bullied his wife into giving him illegal drugs. This dynamic of the abusive husband may be employed to help lessen the responsibility of Kim. Another approach that can be used to help mitigate the problem is if an appropriate excuse or reason is provided as to why these drugs were illegally prescribed.

Reason can trump illegal behavior with the proper rhetorical devices, and if the board could be convinced that Kim's illegal actions were committed for good reason, she and her company may escape the worst punishment. Possible Outcomes It is very likely that Kim will be forced to resign her position due to the numerous violations that were uncovered by the boards investigation. Serious crimes were committed and nefarious actions have been unveiled. Heritage has proven that it will break the law and commit fraudulent acts for personal gains.

Heritage's license will most likely be revoked due to the seriousness and scope of these crimes. Lessons Learned The temptation that drugs provide for people will often cause them to lose rationale thought. Despite the blatant and obvious disregard for the law, Kim appeared oblivious to the actions that were going on around her. This suggests to me that these types of cases where spouses become involved in their partner's work organization, many problems can and often do arise. The most important lesson.